Originally from The Journal of Eurasian Law (JEL)

1. Introduction

1. In a letter dated 23 April 2010, the Acting Vice Chairman of the Provisional Government of the Kyrgyz Republic, Mr. Omurbek Tekebaev, asked the Venice Commission to assist the Provisional Government of the Kyrgyz Republic in its efforts to draft a new Constitution of the Kyrgyz Republic.

2. The new Constitution of Kyrgyzstan, that is to be adopted by referendum in June 2010, is based on the text of the last Constitution of Kyrgyzstan adopted on 21 October 2007. Many parts—especially the first section explaining the basic principles of the constitutional order and the second section on human rights—have remained largely unchanged. Other parts, especially those concerning the distribution of power between the President, the Government and Parliament have been reworked fundamentally.

3. The Venice Commission has accompanied the process of constitutional change in Kyrgyzstan since 2002. The last Constitution obtained the Venice Commission’s comments in its “Opinion on the Constitutional Situation in the Kyrgyz Republic” adopted at its 73rd Plenary Session (Venice 14-15 December 2007). The comments concerning the unchanged parts of the Constitution are still valid today. The present Opinion will therefore focus on the new draft provisions in the Constitution of 21 May 2010, as published in the mass media after its approval by the Constitutional Assembly and the Provisional Government (on 19 May), but takes into account the previous opinions of the Venice Commission.